Can my daughter throw me out of my home?

Red-Squirrel_2

need_an_answer wrote: »

What he did I think is irrelevant.

Not really, it might be something that the mother was a victim of, or that the daughter and her family could potentially be at risk of being victims.

I don't think I can pass judgement without that info tbh.

EDIT: Although having read the rest of the thread the timeline and details are very hazy, no idea what's actually going on!

need_an_answer

Red-Squirrel wrote: »

Not really, it might be something that the mother was a victim of, or that the daughter and her family could potentially be at risk of being victims.

I don't think I can pass judgement without that info tbh.

I don't think we are entitled to that level of information.
The ex has a criminal record of some level,the daughter does not like him,thats all we need to know.
if the OP were to say he's done x or y what difference does it make to us,it's the daughter who holds the trump "you're out" card.

those involved presumably know the facts there is little point the OP posting whatever happened on a public forum!

Whatever has happened the daughter has been very angered,and it is clearly enough to escalate the situation to where it is now in her mind.

OP is there any way you can move in somewhere else with your ex and live free from your daughter?

AdrianC

Ignoring the 20/20 hindsight, there's really two questions here to move you forward.

One is "daughter vs bloke". That's one for the relationships forum. It's above my pay grade, that's for sure!

The other is a homes one, and relates to the terms of the tenancy and/or any assumed tenancy. A two-year tenancy has been signed, and we have to assume that it's an AST.. We're only two months into that? Any break clause in it? So... if there's no break clause and we're in the fixed term, then you're there until the end of the fixed term. But the [STRIKE]daughter[/STRIKE] landlord can issue an s21, and then seek possession the usual route.

...unless...

And this is perhaps the most important question... What does the tenancy say, if anything, about moving somebody in? If the usual clause is in there, then you are breaching the tenancy by moving a partner in... The landlord can refuse permission. Their grounds for doing so are not relevant, so long as they aren't breaching the usual equalities act protected characteristics - and having a criminal record or being "bad news" aren't part of them. That would mean s8 notice, ground 12 - two weeks notice, even in the fixed period. Discretionary possession, so it's a court hearing and you may be lucky - but you can bet an s21 would be coming at the end of the fixed period, so it's more of a stay than a resolution.

soolin

It's also worth considering the OPs situation, are you still working and do you receive any benefits at all? I'm particularly thinking of any benefits that have a savings cap, or relate to housing benefit etc. Assuming you can resolve this and your ex moves in with you, will he be claiming any benefits connected with housing?

I've had a think about this over a late lunch and perhaps my use of the word naive is wrong, I wonder if I should have used vulnerable.

I would urge the OP once again to go and get an appointment with a solicitor ASAP. This might be something that needs immediate attention before the OP signs anything else or makes any other commitments or comments that could cause her problems in the future.

Comms69

AdrianC wrote: »

Ignoring the 20/20 hindsight, there's really two questions here to move you forward.

One is "daughter vs bloke". That's one for the relationships forum. It's above my pay grade, that's for sure!

The other is a homes one, and relates to the terms of the tenancy and/or any assumed tenancy. A two-year tenancy has been signed, and we have to assume that it's an AST.. Where are we in that? Any break clause in it? So... if there's no break clause and we're in the fixed term, then you're there until the end of the fixed term. But the [STRIKE]daughter[/STRIKE] landlord can issue an s21, and then seek possession the usual route.

...unless...

And this is perhaps the most important question... What does the tenancy say, if anything, about moving somebody in? If the usual clause is in there, then you are breaching the tenancy by moving a partner in... The landlord can refuse permission. Their grounds for doing so are not relevant, so long as they aren't breaching the usual equalities act protected characteristics - and having a criminal record or being "bad news" aren't part of them. That would mean s8 notice, ground 12 - two weeks notice, even in the fixed period. Discretionary possession, so it's a court hearing and you may be lucky - but you can bet an s21 would be coming at the end of the fixed period, so it's more of a stay than a resolution.

There is no usual clause. And no clause prevents a partner moving in (well no enforceable clause)


Certainly no judge is going to evict based upon a g12 claim. It's fundamentally a quiet enjoyment defence.

christmas_carole

soolin wrote: »

It's also worth considering the OPs situation, are you still working and do you receive any benefits at all? I'm particularly thinking of any benefits that have a savings cap, or relate to housing benefit etc. Assuming you can resolve this and your ex moves in with you, will he be claiming any benefits connected with housing?

I've had a think about this over a late lunch and perhaps my use of the word naive is wrong, I wonder if I should have used vulnerable.

I would urge the OP once again to go and get an appointment with a solicitor ASAP. This might be something that needs immediate attention before the OP signs anything else or makes any other commitments or comments that could cause her problems in the future.

Yes I work full time and collect no benefits, there is nothing left to sign, no he won't be claiming any benefits.
I will get an appointment with a solicitor asap and yes I will move out at the end of my tennancy agreement but I want my £45000 back plus tenants improvements percentage less the underpayment of rent. I think thats really fair.

need_an_answer

christmas_carole wrote: »

Yes I work full time and collect no benefits, there is nothing left to sign, no he won't be claiming any benefits.
I will get an appointment with a solicitor asap and yes I will move out at the end of my tennancy agreement but I want my £45000 back plus tenants improvements percentage less the underpayment of rent. I think thats really fair.

so in effect you are willing to sue your daughter for this simply because she has issues with your ex who is your now current partner?

AdrianC

christmas_carole wrote: »

I will get an appointment with a solicitor asap and yes I will move out at the end of my tennancy agreement but I want my £45000 back plus tenants improvements percentage less the underpayment of rent. I think thats really fair.

Ah, now that's question 3...

If you gifted your daughter the money, then you gifted it her. Full stop.

If it was in expectation of being an exchange for life-long accommodation, then that could well start to get into a greyer area of "rent?". Even then, you clearly accepted that the accommodation offer wasn't rent-free for life by signing that tenancy...

You started the first post with...

I gave my daughter £45.000 in January 2016 when I sold my house, it was half the equity and rather than wait until I died I helped add to her property portfolio and she bought two houses with that money (Deposits) on the understanding that one would be for me to live in rent free for the rest of my life.

You clearly agreed that understanding was not reality when you signed that tenancy.

Also - if she used the money for deposits, then she has mortgages. Do the lender know that one of the properties is a rental with a related tenant on a sub-market rent? They won't be happy...

lisyloo

They won't be happy...

How will they know?
The mother reporting the daughter for fraud is hardly likely to get negotiations off to a good start.

I don't condone the fraud but if she's paying the mortages then it would be better to keep them going and get a full paying tenant in there.

It does beg the question though of can the daughter actually pay this in liquid cash.

hazyjo

christmas_carole wrote: »

She has said she will give me the money back for me to start again with him but I have invested all my life savings on the renovations and added to the property value by @ £37.000.

christmas_carole wrote: »

It was their idea, I had split up with a long term partner and I had £87k equity, she knew that, I was looking to buy a property outright but it would have left me with no savings...

Something doesn't add up here, that's for sure.


OP - why spend all your life savings on a house that is and never will be yours (even if you thought it was 'forever'), yet wouldn't buy yourself a house outright as it would mean using all your savings? :huh: